ziry. just more than an hour ago the judge directly asked zimmerman whether he intends to testify. >> if you made a decision whether or not you wanted to testify in this case? >> no, not at this time. >> has your attorneys finished two witnesses before the end of the day, do you think you would then know whether you wanted to testify. >> on more zimmerman's behalf. >> please. >> i object to inquiring him to his decision whether to testify. >> your objection is overruled. mr. zimmerman i will give you more time to discuss this with your attorneys. thank you very much. >> shep: getting a little testy. it remains to be seen whether he will be take the stand but the judge would like to know by the end of the day. the judge made a series of very important rulings about what both sides can and cannot use as evidence.

first, there is this animation. see this here? defense attorneys produced the thing and showed how the fight may have unfolded based on reports from witnesses and coroner. prosecutors argue that it could mislead the jury. this is is a murder trial. this isn't a casablanca, end quote. this isn't ironman either. they tried to stop them from using photos from the text messages and you can tell what this is handgun. defense attorneys the cellphone data could give jurors a more accurate look at the state of mind. the judge ruled that those text messages, cellphone photographs, gun picture and animation, all off limits. all wins for the prosecution. still she added the defense can use the an ma during closing arguments. george zimmerman faces second-degree murder charges. he says he pulled the trigger in self-defense.

phil keating is live outside the courthouse. jurors saw attorneys from both sides straddling a mannequin in court but the jury seemed in to it. >> they were in to it. its courtroom rarity when one attorney asks another attorney, may be borrow your doll before taking it to courtroom floor and pummeling it. that is what what happened this afternoon. the jury standing up to look out and make sure, get a very good look of this. that is when zimmerman's attorney assaulting the mannequin representing zimmerman. he was on the ground as trayvon martin straddled him forcing zimmerman to shoot. >> if this mannequin were carrying a firearm. where would be the gun be right now in relation to

me? >> with the actual left inner thigh. >> with the jury on mr. zimmerman was that consistent with someone doing this, punching him? >> i don't think so. >> how about this? how about somebody resisting the attempt the two lacerations, somebody was resisting pushing down? >> reporter: before that expert witness was dismissed, prosecutor did get him to concede on the stand in the final moments of trayvon martin's life he could not say with certainty exactly what martin was doing. >> shep: zimmerman's defense also played up the wimp factor like he is a wimp? >> yeah, this follows up testimony earlier this week from zimmerman's former trainer saying he was obese and not athletic at all. on the stand this expert witness paid for by the defense as you can see. he testified, well, he did

not have a warrior mind, set, zimmerman, that is. he was 28 years old when he shot and killed martin and he weighed about hundred pounds less. according to the defense witness he would have been at a great disadvantage in a fight with martin. speculative testimony but the jury did hear it. zimmerman's attorney on redirect of the next witnessed who was just called, a former neighbor olivia bertiland that testified on august 3rd, two teenage black males broke into her townhouse and burglarized them. >> shep: they are talking about that matter right now. >> shortly thereafter homeless association and discussed the issue of the home invasion? >> i don't. >> and then, in addition to

your conversation with george zimmerman did you talk to other people about what happened? >> yes. >> who was that? >> a couple of my neighbors. >> was this home invasion something of a point of conversation because of the trauma you had with it? >> yes. >> and the fact did mr. zimmerman after the homeless association started neighborhood watch, did he bring to you a lock to help you with the sliding glass door? >> yes, he did. >> did you consider that weird or strange? >> no, appreciative. >> were you made aware there were problems with the sliding glass doors in your neighborhood? >> i don't believe so. >> was it actually how they got in the house? >> yes. >> so they actually came through the backsliding

glass door? >> yes. >> and did the lock help secure the problem? >> it locks so they can't pull it off. >> before you moved out, you got a dog to help? >> i did. >> was that part of trying to just stay more secure in the neighborhood where you had been burglarized? >> yes. >> do you know the person who was arrested with burgess? >> yes. >> and he was released? >> yes. >> do you know he was re-arrested on february 5? >> after we moved out, i didn't know exactly when he was arrested.

>> did any of your interactions with mr. zimmerman in this regards leave you with some impression that he was just too involved in trying to help you out? >> no. >> did you think his behavior was helpful to you? >> very. >> do you still have the dog? >> yes. >> witness may be exudes. >> yes. >> thank you very much. call your next witness. >> the defense would call robert zimmerman, sr.. >> shep: so the thinking is this is the last scheduled with it. there are 135 witnesses, but this is the last one that the producers in the courtroom believe will be called today and then the thinking is, we'll learn probably in a few minutes from now whether george zimmerman plans to testify. good money is that he

won't. but you heard that weird exchange with the judge saying, i need to know. you are overruled are you going to testify? the thinking is that he'll let her know after this next with it. is that an absolute? no, but our producers seem to believe that. robert zimmerman sr. >> about him testifying, not a chance. george zimmerman will not testify. >> there is no way he is going to zimmerman. judge will get one more chance to berate. >> shep: courtrooms are like hurricanes. they may supplies you. let's listen. >> thank you. >> state your name please? >> robert zimmerman. >> and you live here in central, florida, correct? >> yes. >> how long have you lived in central florida? >> almost seven years.

>> do you know george zimmerman as your son i imagine? >> yes, sir. >> understand he is here on second-degree murder charge? >> yes. >> i'm going limit my questions to you to where you had an opportunity to hear what we have been calling a 911 tape or a 911 call. do you know what i mean when i ask but that? >> yes, i do. >> the tape in it and screams and a gunshot. have you heard that tape? >> yes, i have. >> we have it available. the jury has heard it dozens of times now. i would only play if you need to hear it again. do you have a memory of it you remember listening to it and forming an opinion

as to who you heard? >> yes, sir, i do. >> would you just tell me the seting of the circumstances around the first time that you heard it? >> i believe the first time i heard it was on the third floor of this building. it was in the state attorney's office. i was there and they asked me some questions. i was getting ready to leave, they asked me if i wouldn't mind listening to this tape. i said certainly. they put me on fairly small room where there was a computer. they provided me headphones. they reminded i was still under oath and i would listen to it. i listened to it. they may -- then they asked

me if i recognized the voit voice. >> what did you tell them? >> i told them absolutely. it's my son george. >> is that an opinion you still have through today? >> surely. >> shep: george zimmerman's father on the stand and he a amplifying straight judge himself. >> i think you listened to the recording six times? >> no. >> you have not? >> no. >> one moment judge. >> i'd listen to it a number of times. i don't know if it was six. >> oh, okay. i would probably say -- >> more than six times? >> at least six, but i really. >> thank you very much. >> can't be accurate.

>> any redirect. >> no, thank you. >> may mr. zimmerman be exudes? >> yes, sir. >> thank you, you are excused from this courtroom. >> thank you, call your next witness. >> i think this would be a good time for a break, your honor. >> ladies and gentlemen we'll take a 15-minute recess. put your notebooks face down on the chair and jury will go back into the jury room >> shep: this is about the time of day they normally take the break but usually it's mark o'meras says good time for the break. the judge will ask the jury. >> will the defense be calling any other witnesses?

>> after the recess i'm going to ask mr. zimmerman whether he wants to testify. at this time, mr. zimmerman were there any other witnesses you wanted your attorneys to call on your behalf, sir? >> no, your honor. >> for this trial? sit through the trial and we've had 40 witnesses that were called by the state and 19 witnesses called by the defense. some of them were called -- i'm sorry. i'm talking to mr. zimmerman. some of them were called a couple of times such as ms. singleton. my question to you, mr. zimmerman were there any other witnesses you wanted your attorneys to call on your behalf at this time? >> no. >> when we get finished with the recess i'm going to ask you about whether or

not you will testify. thank you very much. court will be in recess. >> shep: we won't miss that. we'll talk about all of it. stay with us.

♪ >> shep: we're in the homestretch in seminole county, sanford, florida, coming up next, judge is going ask george zimmerman whether he is going to testify on his oakland if he does there will be cross and probably redirect. good money says he doesn't. it's up to him. it's his, you know, freedom on line. he'll decide. then after that the state will have a rebuttal case which is possible but it probably wouldn't last long and then on to closing arguments which they can do at any time. judge seems to like to move things along. in case you didn't know, yesterday they started at 8:00 hour and went after this program yesterday. i think they went in into

the next hour. then they stayed around for all these arguments outside of the jury's presence until 10:00 at night. it got testy at the end of the day. this judge, it's go to phil more and alex ferrar. she is tough. i shouldn't tell, judge alex teaches closing arguments down in the state of florida. he is from maim and teaches closing arguments for judges under a down the state. what do you think? >> he she tough. i hear a lot of criticism she rules for the state all the time. i can see that viewpoint from some of the rulings. i disagreed with some of her rulings but sometimes you rule for one side because that side is right. you remember casey anthony, the judge was constantly ruling against jose biaz but the reason was he was

wrong constantly. i can see the impression comes from. >> everybody stayed there until 10:00 last might. i didn't hear them order pizza. let's listen. >> we will be in recess until 8:00 in the morning. so have i. >> not being able to prepare or get my witnesses established tomorrow and i can't do it tonight. >> it's 10:00 at night. we started this morning. we've had full day every day. >> have a nice night, judge. the only thing you can think, she probably trying to lay the groundwork for something on appeal. >> that is right. there case law if you take the lawyers all day they don't have an adequate opportunity to prepare the next day it's grounds for reversal. problem is showing it

affected their performance. today they called dennis route and all the things he talked about he talked all day long. he told yet the george zimmerman story again. we've heard it six or seven times and he told it much better than george could ever tell it. and i'm a former cop --. >> shep: how would do you that. >> the mechanical nature of getting into a fight and psychological effects of it and things there should have been been objections, leading questions. >> shep: they laid out zurm as a wimp, his physical character has changed a lot. but this witness in the first place he had ever been an expert witnessed in a trial of this nature and never talked about trayvon

martin for a second. >> and he was testifying was zimmerman's force justified and reasonable. i suppose if you are a wimp you will be more inclined to kill and shoot somebody because you are afraid for your life. i don't know if it is going to affect the jury but he hundred pounds heavier when the fight happened. now, he really outweighed trayvon martin. i would be careful of that. how terrific for the defense they have to get on the floor and demonstrated with a dummy the pounding of the head. jurors were right there. >> shep: i think we have video of that. >> they kept long and hard to keep the animation out, the defense did a re-creation. >> way better than the animation. >> shep: the animation was something they created would show their version of the events, like the fifth or sixth retelling of version of events. they are down there

pummeling on the mannequin. i look forward to the late night shows. they are going to have a blast with that. is there an argument, a single argument of any kind, if you are george zimmerman, might you say i want to talk. we're going to know in a minute. >> if he says i wanted to talk, i think don west takes him out and beats him. there is zero reason for him to take the stand. only thing he does by george gascon on the stand is giving a conflicting version and subjected himself to a brutal cross-examination. >> there is no way. the only way. >> shep: there is a way. >> he can say yes, i want to testify. >> i seriously doubt it. something that jurors want to hear from the defendant. only thing they may want to hear from this defendant, i'm sorry but can't get on the stand and say that. he's going to have to do

it. >> shep: we'll know in a few minutes. we'll update you on the rest of the trial and go back in there. this is studio "b" at fnc. ever wonder what this costs you as a taxpayer? millions? tens of millions? hundreds of millions? not a single cent. the united states postal service doesn't run on your tax dollars. it's funded solely by stamps and postage. brought to you by the men and women of the american postal worker's union.

♪ >> shep: accused boston bomber set to make his first appearance inside a federal court moments from now. he is dzhokar tsarnaev the only surviving suspect. he is coming face to face with some of the victims of the attack. he was arrested -- arrived earlier under heavy security. they expect a packed courtroom. it's federal so no rearms in the courtroom. where he'll answer charges against him. using a weapons of mass destruction to kill three people at marathon and injury hundreds more.

prosecutors say dzhokar tsarnaev and his dead brother also ambushed a massachusetts institute of technology police officer. 17 of the charges carry the possibility of death which is banned for state cases but because dzhokar tsarnaev is charged under federal law, he could days execution. molly is covering this from the covering in in boston. >> it removed from be an emotional day in the federal courthouse. this is first time they will have a look at dzhokar tsarnaev the lone surviving boston bombing suspect. this is first time in a courtroom where he will face the serious charges. its packed courtroom not just for family members but with a few supporters of dzhokar tsarnaev and great deal of press to keep an eye on the situation as it continues to develop. today she expected to hear all of these charges in court. we have yet to hear from

the u.s. attorneys office whether they will actually seek the death penalty in this case or not. tsarnaev and his brother are accused of essentially a conspiracy in this. you mentioned the first serious charge, weapons of mass destruction of placing bombs on the streets of boston. >> shep: molly, thanks. >> in court, they are back. >> in closing. there is one composite exhibit the state is going to review and not have an objection. a lawsuit will be entered in by stipulation. >> that would be composite exhibited 30? >> yes. it's only one document. >> what is it? >> it's a time line. >> defense time line. >> we wanted to verify some of the times on there. other than that we won't have an objection.

we wanted to be able to testify. >> two others. >> go ahead. >> this item... 39 is the time line. >> i'm sorry. i don't understand what you just said. >> marked for exhibit and stipulate the one that is marked in evidence. marked in 30 through 31. >> i don't understand what you are saying they are because she showing a long line. >> i'm sorry, these are in evidence. 30 through 38. i would a lot identify those. you want me to go through them. >> i do. >> give me -- okay. >> 30 is a picture of the

back of mr. zimmerman's head. >> 31? >> 31 is the front of mr. zimmerman's head. 32 is still photograph mr. martin at 7-eleven. 33 a picture of mr. martin's hand. 34 is second still of mr. martin at the 7-eleven. 35 an aerial view of the retreat at twin circle 36 is a larger aerial photograph of the entire area of that portion of sanford. 37 is a large aerial of

retreat at twin lakes. and 38 is a medical pending investigation picture of the scene. if admitted then 39 would be the time line we talked about. two other loose enters ends. one we talked about the judicial notice of the weather. we came up for more accurate one for 26 and that will be substituted, that is close to me but not in my hands. >> with that stipulated for state's exhibit 213? so as soon as you get it. trish, will you allow that to be substituted for the one you have? >> next one would be the same exact exhibited for the 27th of february. >> a composite state's

exhibit or do you want the other one? >> we planted them separate so we would not mess them up. >> we'll substitute 213 for the new one and make the second one for the february 27th, defense exhibit 40. >> thank you. >> and your honor, the only other one, there is an exhibit in order to move matters along. when he was being questioned we used a very small portion of the cd to question him. we acknowledged that we were present to the court as its own redax is only one portion of it. that hasn't been admitted

in evidence yet. we used that, you might recall, to refresh her recollection as to what she said. we used the entire interview of her -- it's just the one portion that was played. we'll get you that cd. that is the last matter. >> my recollection she was just able to listen. >> it wasn't played in front of the jury. the jury was sent out. i said since she -- it was impeachment so -- it wasn't impeachment so it wasn't played in front of the jury. just to be clear. my understanding, i may be wrong. i understand that the part that was played was portion

where she said that might be trayvon and i believe the jury was present. >> if we could get the court reporter's notes on those two different dates. i believe defense exhibited double b because i have that with the state's attorney's office. is that bb. it was not played in front of the jury but we can verify it. is there any way to get.... >> it looks as though there may be an issue. we'll have time between now the will get it. only concern that this is now in evidence as dd. it's identified it's marked

for identification purposes. okay, were there any more... any more housekeeping matters? >> we'll get you the weather information. >> okay, mr. zimmerman. i remind you, sir, you are still under oath when we had you sworn in earlier before the break. did you have sufficient time to discuss with your attorneys you wanted to testify in this case? >> yes. >> i don't need to know what was said. have you made a decision? >> yes, your honor. >> what is your decision? >> after consulting with counsel, testify. >> you understand that no matter what counsel says to you, it's your decision, you understand that? >> yes, your honor. >> is it your decision to not testify in this case? >> yes, your honor. >> are you making that

decision freely and voluntarily? >> yes, your honor. >> has anybody promised you anything to make that decision? >> no. >> has anybody threatened you? >> no. >> it's clearly the decision that you yourself have made? >> yes. >> thank you very much. >> is the defense going to rest subjected to any more evidence entered? >> thank you. >> is the state going to have rebuttal evidence? testimony? >> yes, your honor. >> how many witnesses will you be calling for rebuttal? >> two today and one not available today but should be available to tomorrow which may not end up calling anyway. >> i haven't seen the proposed jury instructions. it's my understanding that a copy has been provided to the defense and copy has been provided to mr. zimmerman, is that correct? >> yes. >> can i please have a copy. are two witnesses going to be lengthy?

can we dough a charge confers after we excuse the jury for the day? >> we can. >> we can start. we have jury instructions to prepare. i think right now may be the time for need to review. >> so we'll go forward. you may proceed. yes, i'm sorry. >> i think with the length of presentation to you earlier i'm going certainly abbreviated and not readdress the arguments. i would certainly ask you to reconsider those. i think that the factual basis has changed much. i know you were sitting with us but the defense case has presented evidence i believe uncontroverted evidence that supports the

act of self-defense. that includes the most recent witness more root and dr. demayo with regard to the gunshot and also the information to the injuries that my client suffered. we also have a number of voice witnesses, those witnesses who have come back and testified before this court that they had no issue whatsoever and quite affirmative position and belief in testimony under oath that it was my client screaming for help. again, i don't want to belabor the point of previous case law, you would need to decide at this point basically that there is, that the state has excluded at this point in the trial a reasonable hypothesis of my client's innocence and they have failed to do so. i would ask the charges to be dismissed in full.

>> thank you. if anything the state's position, the doctor made alternative scenario that the defendant could have committed second-degree murder against try von martin. that being that mr. martin was attempting to pull back or disengage when he was shot and murder by this defendant. more over to say more roo rooted's testimony was, certainly he was very eager to draw conclusions but he had to admit finally he had no idea what exactly went on when this defendant shot and killed trayvon martin. so we believe while the defense may have presented people to sort of enhance the dispute of facts and the inferences that can be arisen, to make it perhaps even more disputed that the stated has certain lid

submitted such evidence and continue to do so on rebuttal to indicate that both the facts and the inferences that can be drawn therefore would support a jury verdict as to both murder and lesser included manslaughter. >> perhaps the court is going to rule -- or identify the state's factual scenario, their theory of the case, anything for which that excludes a reasonable hypothesis that my client, they finished their case and we finished our case. it has to be articulated in some form or fashion or by stated or you can make a ruling that actually suggests that legally, that judgment for acquittal should not be granted. >> we have listened to all the witnesses.

i previously said how many witnesses have testified both on behalf of the state and defense. and listened to the arguments. the state's case and the course of the defense case and court's decision is the same, there is substantial evidence direct and circumstantial to allow this charge to together jury. so, we need to bring the jury back in. state need to prepared to call your first rebuttal with it. are we ready to bring the jury in? >> and if there are discovery issues. >> we have to at some point in time deal with mr. donnely issue. we could do that after we talked about it. who is the witness that you are going to call next? all right. can you tell us who the second one is going to be. >> david lee.

>> shep: so george zimmerman will not testify in his own defense. courted ruled the case should go on after hearing all the witnesses. we'll hear two more witnesses in the state's rebuttal case and then it sounds like a charging conference and explain all of that coming up right after this. this day calls you.

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thank you very much. the state has any rebuttal. >> yes, your honor. >> shep: you may remember this with it. adam pollack, he is the jim owner and trainer who sort of tried to set up for the purposes of these events george zimmerman as a bit of a wimp. remember he testified that they did some boxing but he really couldn't do that. they did some other matters, gym stuff, that he was kind of fit but that he really couldn't defend himself that well. that is the case they are trying to make. they suggested, you may remember, these rebut a.m. witnesses won't last very

long. there are two they want to call and third one the state wants to call in rebut a.m. they may or may not call that third one. that could be tomorrow. good money in this room, at least, the final two rebuttal witnesses on behalf of the state and a charging conference. judge alex. charging document is very important? >> charging conference is to go over the jury instructions that will be given based on the charges in the case. they will go over the jury instructions and any disagreements there are to the jury instructs will be resolved during the charging conference. when they get to that point, the judge doesn't have to take a break. she can go right in the ladies and gentlemen of the jury and give them the instructions. >> shep: so often jurors will say what were the instructions again on this matter? those instructions that come from this charging conference and charging document the jury instructions, that stuff is crucial. two witnesses.

>> and remind you were the defendant's trainer at gym? >> yes, sir. >> and the training you gave to george zimmerman on the website? >> i'm sorry. >> are you marketing the training on the website? >> absolutely not. >> i'm going object. that is improper rebuttal testimony. >> okay. approach the bench. >>. >> shep: well. we were talking in here. it appears that the producers were talking in there. not about nothing, not about the weekend but about other matters. how you do jury instructions. phil keating were you busy? >> no, i was -- the question by rich, one of assistant prosecutors was to him, are you now

advertising on your website for the gym that you helped train george zimmerman and immediately the defense attorney objected saying that is improper use of rebuttal. with that they called defense conference and they are up to discuss whether that was an improper line of questioning by the state prosecutor. >> shep: do you know? >> i don't know whether that is actually improper based on the law. i believe what this they're going to have to try to point out the state can only ask questions pertinent to what the testimony was given by pollock when he testified on a scale of one to ten, george zimmerman was a one and never got beyond shadow boxing. never felt confident to put zimmerman in the gym. even at the time we saw that in reenactment was hundred pound lighter and

seemed to be much more physically city fit than he does now. i believe that is going to be the line of argument here by o'mara. they have to rebut testimony he gave on initial day of testimony both in direct and cross-examination. >> shep: the gym? s in longwood, florida outside of orlando not far from there. it's not on the home page. we'll find out if it is there, if he is advertising. what he said was, i trained had i him but he didn't get anywhere. that is not what i would want. we'll come back with the final bits of testimony and this thing is going to the jury soon. tony used priceline to book this 4 star hotel. tell 'em why.

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♪ ♪ >> shep: 52 minutes past the hour, they are still talking about this thing. what they are talking about is the gym in longwood. i pulled it up on ipad. to receive information about the training george zimmerman received at the gym, please email requests by filling out the form provided below. zimmerman trading request forms. that is is all it is. if there is more on there we can't find you it. and hosting a gym like that around orlando. hosting parted is pretty small. with a few million americans logged into the thing they shut it down. he is apparently not doing that. they are discussing, judge, you have to information has to have been brought up? >> right. >> shep: or you can't do it. >> purpose of rebuttal case

is state to go into what it wants but it's to rebut what the defense has raised. what o'mara is saying you are not raising to rebutted anything you are using it for impeachment. it isn't rebutting anything presented. i'm not sure i buy that. i probably would let them do it. >> shep: do you have a concern now that the jury might be getting tired. we need to move along. >> we do. they have been sequestered. they need to get back to the families. this is a red herring. anybody that has been in the courtroom trying to make a buck off this case, unless they asked him on the stand are you making money, intending to profit off of this, unless he said no, i don't see this as big issue. >> shep: this side bar, they are discussing whether this is matter of impeachment. >> whether it's admissible in rebuttal.

whether it was a good point that was raised. he didn't deny it. yes, i am getting paid and yes, i am advertising that. first objection he made this is not proper for rebuttal. up there, he is probably making the argument what are they impeaching. he said yes, what are they impeaching? >> shep: obviously nobody is surprised by george zimmerman not testifying but if you are the guy whose neck is on line you must feel down inside, i want to tell. >> i cannot tell you the number of cases i tried as a judge where the defendant was winning until he took the stand. then all of a sudden it drove the plane right into the ground. >> which i agree with you. and clients don't usually know better than the lawyers. you high pressure somebody to help you through this.

you are not going testify. >> it's not a fair fight. lawyers are used to presenting things to the jury and client is not used to do doing that. he will usually get trounced. >> i ask my clients how many trials have you done? because i have done more. >> shep: here is what happens now, last couple of witnesses. we told you the rest of the process. there will be closing arguments. no limits in the state of florida. the judge sets those limits and they try to make eight fair thing so it doesn't get overturned on appeal but it feels like this thing will be going to the jury. we will be streaming it live at foxnews.com. your world with neil cavuto coming up right after this.

>>. >> neil: now we know, republicans are fighting to delay it. i'm talking about the individual mandate in the president's healthcare law. >> individual responsibility requirement is what it is called. >> it is mandated by the government. that is not individual liberty, that is individualism. >> like the government requires car insurance. >> late before a holiday weekend the administration on a blog post essentially whispers, this is not working, oops. this is a mess. >> and we don't know tomorrow. what the next shoe to drop?